Friday, March 14, 2014

Extending time to appeal by Crown

R. v. Hobbs, 2014 ONCA 183:

[2]The test for an extension for the Crown in these circumstances is the interests of justice, having regard to factors such as whether the Crown formed abona fide intention to appeal during the relevant time period, whether reasonable diligence was used in locating the party for service, whether the respondent would suffer undue prejudice and whether there is an arguable appeal: see, R. v. Watkins, [1999] O.J. 2314 (C.A. In Chambers). This is not a rigid test. The focus is on the interests of justice. The failure of the Crown to establish any one of the factors is not an absolute bar to an extension of time: R. v. Wa, [2013] O.J. No. 6034 (C.A. In Chambers).